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Keywords: guardian of the constitution
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Hans Kelsen and Carl Schmitt: Growing Discord, Culminating in the “Guardian” Controversy of 1931
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Stanley L. Paulson
Published: 05 December 2014
... work, to Kelsen on certain issues, such as the “is”-“ought” distinction and “points of imputation.” This proximity was short-lived, and the discord between their views increased over time, culminating in the Weimar period in their diametrically opposed views on the “guardian” of the constitution...
Chapter
Published: 12 January 2017
... there is no further appeal’. 13 On the other hand, this creates a situation where an institution that is called upon to be the guardian of the constitution simultaneously institutionalizes the ‘last word’ about the content and validity of the constitution. Böckenförde notes that this problem...
Chapter
The New Constitutionalism and its Discontents
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Michael A. Wilkinson
Published: 10 June 2021
... Only>political constitution European Central Bank European constitutionalism OMT saga the guardian of the constitution Habermas Schmitt authoritarian liberalism erosion of sovereignty constitutional conflict In order to explain the structure of Germany’s governmental...
Chapter
Published: 12 January 2017
... as a prerequisite of the constitution, not vice-versa), the main components of constitutions, constitutional jurisdiction and the question of the guardian of the constitution (Hüter der Verfassung ), the distinction between the state-political sphere and the private-societal sphere, the necessity...
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